Ramdhan Kachru Jarwal v. The State Of Maharashtra
2025:BHC-AUG:13829 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 635 OF 2025 Ramdhan Kachru Jarwal, Age : 42 years, Occu. : Agril., R/o. Dongargaon Shiv, Tq. Phulambri, Dist. Chhatrapati Sambhajinagar.
... Applicant
Versus
The State of Maharashtra Through Police Station, Khultabad, Tq. Khultabad, Dist. Chhatrapati Sambhajinagar.
... Respondent ......
Mr. R. V. Gore, Advocate for Applicant.
Mr. V. M. Chate, APP for Respondent - State.
......
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 08 MAY 2025 PRONOUNCED ON : 09 MAY 2025 ORDER :
1.
Present application is for grant of regular bail on account of arrest of applicant in Crime No.425 of 2024 registered at Khultabad Police Station, Dist. Aurangabad (Rural) for offence punishable under sections 20(A) of the Narcotic Drugs and Psychotropic Substances, Act, 1985.
2.
Pointing to the date of arrest of applicant as 21.10.2024, it is submitted that, applicant is behind bars since more that six months. That, there are allegations that he was
-2cultivating 171 kg. ganja. However, according to learned counsel, the weighment is not after segregation of plants, leaves and roots etc. That, flowering tops are not distinctly weighted. That, no further recovery or discovery is to be made. That, necessary samples are drawn and inventory is also drawn. Therefore, no purpose would be served by further detention. Charge sheet is already filed, however, future course of trial is uncertain and hence bail is urged for.
3.
Learned APP opposed on the ground that applicant is owner of the land where contraband was cultivated. That, huge quantity of contraband is found. That, CA report is awaited. He also apprehends misuse of liberty.
4.
Heard. Perused the papers. FIR dated 21.10.2024 is by police official, who claims about raid being conducted on receipt of secret information, to the field of present applicant in the vicinity of Dongargaon. Raiding party noticed 44 plants being cultivated along with cotton crops, and therefore, seizure was made by drawing panchanama on 21.10.2024 itself.
5.
As pointed out, weight given in the panchanama is inclusive of leaves, twigs and branches and distinct weight of
-3flower is not carried out. Be it so. Learned APP has, on court query, informed that sample as well as inventory is already drawn. CA report is said to be awaited. Except this, for what purpose further custody is required is not known. Trial is yet to commence. Resultantly, in the light of above, relief as prayed deserves to be granted.
ORDER
I.
The application is allowed.
II.
Applicant Ramdhan Kachru Jarwal be released on bail in connection with Crime No.425 of 2024 registered with Khultabad Police Station, Dist. Aurangabad (Rural), on executing Personal Bond of Rs. 15,000/- with one surety in the like amount, on the following conditions:
[a] The applicant shall not tamper prosecution evidence. [b] The applicant shall attend the concerned police station thrice in every week i.e. on every Saturday, Tuesday and Thursday and maintain personal diary of his attendance till framing of charge and thereafter, shall regularly attend each and every effective date before the trial court.
(ABHAY S. WAGHWASE, J.) Tandale